Oops: Law on sidewalks already on the books

Lower Macungie's debate over requiring homeowner repair is moot. Now law may change.

October 10, 2009|By Patrick Lester OF THE MORNING CALL

For months, officials in Lower Macungie have debated the fairness of a proposed law requiring homeowners to repair damaged sidewalks and curbs outside their homes. It turns out that law had been on the books for years.

A law approved in 2003 puts the onus on property owners to repair and replace damaged sidewalks and curbing, officials revealed recently.

The discovery has left the Board of Commissioners with a new decision: whether to keep the old law, change it, or rescind it and adopt a new one.

It wasn't clear which direction the board might take after a discussion at its most recent meeting, but commissioners said they'll need to have more discussion.

For about a year, the commissioners have been discussing a law that would require homeowners to shovel snow on sidewalks outside their homes and maintain grass to the edge of their properties. Property owners also would have to repair and replace damaged sidewalks, curbs and street trees or face a potential $600 fine.

Township solicitor Peter Nelson said the proposed law was drafted before he took over as the township's attorney earlier this year. Initially, it was created primarily to address lawn and snow maintenance, but eventually was expanded.

After a number of residents opposed being saddled with making those repairs, commissioners decided to drop that portion of the law.

During the board's latest discussion on Oct. 1, Nelson said a similar law had been enacted by the township's former Board of Supervisors in August 2003.

Township manager Bruce Fosselman said the oversight was due in part to record-keeping that "wasn't the best."

"We're in the process of having our ordinances codified," he said. "We're going to get this back to normal."

The 2003 law, which remains in effect, says homeowners "shall" keep sidewalks free of debris and snow, and that grass areas between sidewalks and property lines shall remain "properly trimmed."

The law also says the township "may" require owners of property abutting streets to repair or construct sidewalk, curb and gutters along those properties. Violators face a penalty of up to $600.

E. Keller Kline II, commissioner chairman, said it was his understanding that the township never required homeowners to pay for those repairs. He said the law was put in place to protect the township from liability.

"The rule is that the onus of repair is placed on property owners, not the township," Nelson said. "Whether or not you have to do the repairs is at the discretion of the board."

He said while municipalities would generally be immune from lawsuits resulting from an injury that occurred on a public sidewalk, "under state law there are exceptions to that immunity."

Jim Lancsek, the borough's zoning officer, said the 2003 law is similar to those in many municipalities throughout the Lehigh Valley. Typically, he said, boroughs will require sidewalk and curb repairs at the time they are resurfacing roads.

"Up until now, it hasn't been costly [in the township] because everything is new," Lancsek told commissioners recently. "When you're dealing with boroughs that have had them in for 80 or 90 years, it's a different story. The cities and boroughs have been dealing with this for many years successfully."